8 



vided, When the penalty imposed is above five dollars, the defendant 

 or defendants may enter into a recognizance, with good security, to 

 answer said complaint on a charge of misdemeanor, before the court 

 of quarter sessions of the peace of the county in which the offense is 

 committed, which court, on conviction of the defendant or defen- 

 dants of the offense so charged and failure to pay the penalty im- 

 posed by this act, with costs, shall commit said defendant or defen- 

 dants to the common jail of the county for a period of not less than 

 one day for each dollar of penalty imposed. 



Section 4. Any justice of the peace or alderman, upon information 

 or complaint made before him by the affidavit of one or more per- 

 sons of the violation of this act, by any person or persons shall issue 

 his warrant to any constable or police officer to cause such person 

 or persons to be arrested and brought before the said justice of the 

 peace or alderman, who shall hear and determine the guilt or in- 

 nocence of the person or persons so charged, who, if convicted of the 

 said offense, shall be sentenced to pay the penalty aforesaid. 



Section 5. The commissioners of each county shall, within one 

 month after the passage of this act, cause the same to be published 

 one or more times, in one newspaper of general circulation in their 

 respective counties. 



Approved The 1st day of June, A. D. 1887. 



JAMES A. BEAVER. 



AN ACT 



Providing for the recovery of damage to trees along the public high- 

 ways, by telegraph, telephone and electric light companies. 



Section 1. Be it enacted, &c., That from and after the passage of 

 this act, it shall be lawful, whenever any telegraph, telephone or 

 electric light company shall have erected its poles and lines along 

 any turnpike, public road, street, lane, alley or highway in this Com- 

 monwealth, for the owner or owners of land adjoining said turnpike 

 or public road, who may claim to be damaged by the erection or main- 

 tenance of said lines by reason of the cutting of trees, whether 

 planted in the said turnpike, public road, street, lane, alley or high- 

 way, or on enclosed or unenclosed land adjoining the same, to peti- 

 tion the court of common pleas of the county in w r hich said damage 

 shall be alleged to have been committed, whereupon the said court 

 shall appoint three impartial men, citizens of the county in which 

 said damages shall be alleged, as viewers, who shall, after having 

 been duly sworn or affirmed to the faithful performance of their 



